King v. Tarabino

This is an action to recover on a check for five thousand dollars. Defendant appeals from a judgment for plaintiff. The cause was tried by a jury.

Two brothers, John and Barney Tarabino, owned and operated an apartment house known as the Owen Apartments, John, although a man of little education, being the manager of the place. The funds of the business were deposited in bank in an account against which cheeks were drawn over the signature, “Owen Apartments, By John Tarabino. ’ ’ John Tarabino also carried an account in bank in his own name in which his individual funds were deposited. The…